Senator Tomblin (Mr. President), cochairman ex officio of the
Joint Committee on Government and Finance on the part of the
Senate, submitted the following report due the Legislature on
various interim studies, which was received:
WEST VIRGINIA LEGISLATURE
JOINT COMMITTEE ON GOVERNMENT AND FINANCE
CHARLESTON
March 16, 2003
West Virginia Legislature
Charleston, West Virginia
Ladies and Gentlemen:
The Joint Committee on Government and Finance submits this
report on studies and other matters it authorized to be made
between the 2002 and 2003 regular sessions of the Legislature.
A. The Joint Committee on Government and Finance authorized
the following subcommittees:
1. Agriculture and Agri-business Committee.
2. Select Committee to Study Court Facilities.
3. Insurance Availability and Medical Malpractice Insurance
Committee.
4. Juvenile Foster Care, Detention and Placement Task Force.
5. Select Committee on Nursing Homes.
6. Joint Committee on Technology.
7. Parks and Recreation Subcommittee.
8. Postaudits Committee.
B. The Joint Committee on Government and Finance received
reports from the following:
1. Agriculture and Agri-business Committee.
2. Select Committee to Study Court Facilities.
3. Joint Commission on Economic Development.
4. Insurance Availability and Medical Malpractice Insurance
Committee.
5. Juvenile Foster Care, Detention and Placement Task Force.
6. Select Committee on Nursing Homes.
7. Joint Standing Committee on Education, Subcommittees A
and B.
8. Joint Standing Committee on Finance.
9. Parks and Recreation Subcommittee.
C. The Joint Committee on Government and Finance received a
statutorily required report from the following:
1. West Virginia Forest Management Review Commission.
2. Equal Pay Commission.
D. The Joint Committee on Government and Finance assigned
studies to its subcommittees and to statutory
committees/commissions as follows:
1. Joint Commission on Economic Development:
Economic Potential of Equestrian and Horse-related Activities
and Tourism.
2. Forest Management Review Commission:
Managed Timberland and Farmland Classifications for Assessment
of Real Property for Ad Valorem Property Taxation.
3. Legislative Oversight Commission on Health and Human
Resources Accountability:
Health Care Practitioners Shortage;
Unemployment and Socioeconomic Problems Confronting African-
Americans;
Controlled Substance Prescription Plan Medication Oxycodone;
Medicaid Aged and Disabled Waiver Program.
4. Insurance Availability and Medical Malpractice Insurance
Committee:
Medical Malpractice Insurance;
Mandating Insurance Coverage for Certain Persons in Clinical
Trials;
Practice Guidelines for Reducing Medical Costs.
5. Juvenile Foster Care, Detention and Placement Task Force:
Juvenile Foster Care System.
6. Select Committee on Nursing Homes:
Health Care Delivery Study Commission;
Nursing Home Staffing;
Impact of Administrative and Regulatory Requirements Imposed
by the State on the Care Home Industry.
E. The Joint Committee on Government and Finance referred adopted study resolutions and other areas of study as listed below
to the following standing committees it authorized to meet between
the 2002 and 2003 regular sessions of the Legislature:
1. Joint Standing Committee on Education:
Subcommittee A - Planning Periods; Growth Counties; Technical
and Adult Education; Loan Repayment for Health Care
Providers; Truancy Diversion Social Work Program;
Subcommittee B - Class Size; Early Elementary Vision
Screening; Special Education; Funding Academic Field
Trips; Processes for Evaluation of Teachers;
Education - Committee on Standards-Based Accountability.
2. Joint Standing Committee on Finance:
Subcommittee A - Implementing a Medicaid Buy-in for People
with Disabilities;
Subcommittee B - Allowing Counties and/or Cities to Have Own
Taxing Powers;
Subcommittee C - Preservation of State Capitol Building;
Technology-Related Expenditures and Provision to State
Government; Monitor Development of Department of
Administration's Development of a Capitol Complex Master
Plan; Monitor Progress of Independent Audit of Division
of Natural Resources; Continuation of 2001 Interim
Assignment to Monitor Development of Limited Video
Lottery.
3. Joint Standing Committee on Government Organization:
Subcommittee A - Need for a Rehabilitation Subcode to State
Building Code; County and Municipal Land-Use Planning;
Governmental Entities within the Executive Department;
Computerized Personal Property Tax Records and Payments
of the Tax;
Subcommittee B - Volunteer Firefighters; Renovation and
Restoration of State Capitol; Cellular Emergency Service;
Residential Community for Senior Citizens;
Subcommittee C - Laws and Regulations Concerning Surveyors;
Psychophysiological Detection of Deception Examiners;
Sunrise Application of Assisted Living Administrators;
Sunrise Application of Court Reporters; Chapter 30
Licensing Board Issues;
Subcommittee D - Responsibilities of State and Local
Governments in Flood Damage Prevention.
4. Joint Standing Committee on the Judiciary:
Subcommittee A - Elections; Adoptions; Predatory Mortgage
Practices; Race Track Working Conditions;
Subcommittee B - Mineral Owner's Trust; Uniform Trust Code;
Wrongful Death; Ethics; Mental Health;
Subcommittee C - Forensic Science; Licensing Private
Investigators--Security Guard; Criminal Sentencing;
Identity Theft;
Subcommittee D - Oversight of Subcommittees A, B and C.
5. Joint Standing Committee on Pensions and Retirement:
Single Retirement Plan for Uniformed Services Public
Employees;
Retirement Program for Volunteer Firefighters and EMS
Personnel;
Cost-of-Living Increase for Public Employees and State
Teachers Retirement Systems;
Establishment or Enhancement of Retirement Benefits for All
Employees of Licensed Racing Association.
F. Your Joint Committee on Government and Finance also
received monthly and quarterly status reports on the following:
Board of Risk and Insurance Management;
Children's Health Insurance Program;
Colin Anderson;
Lottery;
Medicaid;
Public Employees Insurance Agency;
State's General Revenue Fund;
Unemployment Compensation Trust Fund;
Welfare Reform;
Workers' Compensation Trust Fund.
Postaudit reports released by the Postaudits Subcommittee are
on file in the Postaudit Division of the Legislative Auditor's Office. Other reports are on file in the Legislative Manager's
Office.
Respectfully submitted,
Earl Ray Tomblin,
President, Senate,
Robert S. Kiss,
Speaker, House of Delegates,
Cochairs.
The Senate proceeded to the sixth order of business.
At the request of Senator Chafin, unanimous consent being
granted, Senator Chafin offered the following resolution from the
floor:
Senate Resolution No. 35--Raising a committee to notify the
House of Delegates the Senate is ready to adjourn sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of
three to notify the House of Delegates that the Senate has
completed its labors and is ready to adjourn sine die.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senator Tomblin (Mr. President), under the provisions of the
foregoing resolution, appointed the following committee to notify
the House of Delegates of impending Senate adjournment:
Senators White, Rowe and Smith.
At the request of Senator Chafin, and by unanimous consent,
Senator Chafin offered the following resolution from the floor:
Senate Resolution No. 36--Raising a committee to notify His
Excellency, the Governor, that the Legislature is ready to adjourn
sine die.
Resolved by the Senate:
That the President be authorized to appoint a committee of
three to join with a similar committee of the House of Delegates to
notify His Excellency, the Governor, that the Legislature has
completed its labors and is ready to adjourn sine die.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Under the provision of the foregoing resolution, Senator
Tomblin (Mr. President) appointed the following committee to notify
His Excellency, the Governor, that the Senate is ready to adjourn:
Senators Sharpe, Ross and Minear.
Thereafter, the President recognized the presence of a three-
member delegation from the House of Delegates, namely:
Delegates Varner, Pino and Trump, who announced that that body
had completed its labors and was ready to adjourn sine die.
Thereafter, Delegates Varner, Pino and Trump then announced
that they had been appointed by that body to join with the similar committee named by the Senate to wait upon His Excellency and were
ready to proceed with its assignment.
Senators Sharpe, Ross and Minear, comprising the Senate
committee, then joined with the House committee and proceeded to
the executive offices to notify His Excellency, the Governor, of
imminent legislative adjournment, and receive any message he might
desire to transmit to the members of the Senate.
The Senate proceeded to the fourth order of business.
Senator Tomblin (Mr. President), from the Committee on Rules,
submitted the following report, which was received:
Your Committee on Rules has conducted a complete examination
of the Senate Clerk's office; and in compliance with the Rules of
the Senate, reports that it has found all papers belonging to said
office properly filed, labeled and put away in presses; and that
the books belonging to the office are chronologically arranged.
In the opinion of the committee, the office is being handled
in a proper, efficient and commendable manner.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
On motion of Senator Rowe, the Joint Committee on Enrolled
Bills was directed after it has examined, found truly enrolled and
presented to His Excellency, the Governor, for his action, bills
passed but not presented to him prior to adjournment of the regular sixty-day and extended session of the Legislature, to file its
reports with the Clerk of bills so enrolled, showing the date such
bills were presented to the Governor; said reports to be included
in the final Journal, together with Governor's action on said
bills.
In accordance with the foregoing motion, the following reports
of the Joint Committee on Enrolled Bills were filed as follows:
Senator Rowe, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 17th day of March, 2003, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(S. B. No. 336), Relating to uniform application forms for
credentialing, recredentialing and updating information for health
care practitioners.
(Com. Sub. for S. B. No. 354), Relating to operating or
attempting to operate clandestine drug laboratory; penalty.
(Com. Sub. for S. B. No. 364), Strengthening multidisciplinary
treatment team process for children involved in court system.
(Com. Sub. for S. B. No. 383), Allowing alcohol beverage
control commissioner, with approval of governor and board of public
works, to sell warehouse and purchase replacement.
(Com. Sub. for S. B. No. 387), Increasing time to perfect
liens for certain debts.
(Com. Sub. for S. B. No. 424), Authorizing commissioner of
corrections to consent to transfer of convicted offenders under
federal treaty; informed consent.
(S. B. No. 428), Directing auditor to issue warrants for
payment of certain claims against state.
(S. B. No. 634), Defining crow as gamebird; hunting season.
(S. B. No. 635), Clarifying foster care services in relation
to behavioral health.
And,
(S. B. No. 636), Exempting competitive bidding requirement for
commodities and services by nonprofit workshops.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Sharon Spencer,
Chair, House Committee.
Senator Rowe, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 19th day of March, 2003, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for S. B. No. 39), Making false alarm felony in
certain cases.
(Com. Sub. for S. B. No. 56), Prohibiting certain insurers to
require persons under contract to use mail-order pharmacy.
(S. B. No. 95), Increasing length and width for certain
vehicles.
(S. B. No. 105), Increasing tax on cigarettes.
(S. B. No. 107), Creating sales tax holiday for back-to-school
purchases.
(Com. Sub. for S. B. No. 162), Expunging certain motor vehicle
license information for nineteen-year-olds.
(S. B. No. 189), Relating to approval of out-of-state bank
applications to establish bank branches.
(S. B. No. 190), Relating to bank examination schedule for
certain banking institutions.
(Com. Sub. for S. B. No. 191), Relating to state-chartered
credit union converting to federal or another state charter.
(Com. Sub. for S. B. No. 213), Restricting actions brought by
nonresidents in state courts.
(S. B. No. 337), Simplifying process for adoption of children
from foreign countries.
(S. B. No. 342), Limiting time driver's license may be issued
to certain noncitizens.
(S. B. No. 356), Relating to insurance company holding systems
and federal Gramm-Leach-Bliley Act.
(S. B. No. 358), Relating to redomestication of domestic
insurance companies.
(S. B. No. 381), Adding professional surveyors to professional
limited liability companies.
(Com. Sub. for S. B. No. 404), Establishing blue and gray
intermodal highway authority.
(S. B. No. 637), Supplementing, amending, reducing and
increasing items from state road fund to department of
transportation, division of motor vehicles.
(S. B. No. 638), Making supplementary appropriation to
department of military affairs and public safety, division of
corrections, parolee supervision fees.
(S. B. No. 639), Making supplementary appropriation to
department of transportation, division of motor vehicles, driver's
license reinstatement fund.
(S. B. No. 640), Making supplementary appropriation of federal
funds to department of military affairs and public safety, division
of veterans' affairs.
(S. B. No. 641), Making supplementary appropriation of federal
funds to department of administration, children's health insurance
agency.
(S. B. No. 642), Making supplementary appropriation to department of health and human resources, division of human
services, child support enforcement.
(S. B. No. 643), Making supplementary appropriation to bureau
of commerce, division of natural resources.
(S. B. No. 644), Making supplementary appropriation of federal
funds to department of military affairs and public safety, division
of corrections.
(S. B. No. 645), Making supplementary appropriation of federal
funds to public service commission, motor carrier division.
(S. B. No. 658), Making supplementary appropriation to
department of health and human resources, division of human
services, James "Tiger" Morton Catastrophic Illness Fund.
(S. B. No. 659), Making supplementary appropriation to state
board of examiners for licensed practical nurses.
(S. B. No 660), Supplementing, amending, reducing and
increasing items from state road fund to department of
transportation, division of highways.
(S. B. No. 661), Making supplementary appropriation of federal
funds to department of health and human resources, division of
health, maternal and child health.
And,
(S. B. No. 662), Expiring funds to unappropriated surplus
balance in general revenue and appropriating to tax division.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Greg Butcher,
Vice Chair, House Committee.
Senator Rowe, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 20th day of March, 2003, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(S. B. No. 52), Eliminating certain bond on out-of-state
defendants in automobile accident cases.
(S. B. No. 400), Allowing insurance commissioner to disclose
confidential information in certain cases.
(Com. Sub. for S. B. No. 405), Changing personal care homes to
assisted living residences; extending board.
(Com. Sub. for S. B. No. 412), Eliminating certain landlord
liability for tenant's delinquent utility accounts; other
provisions.
(S. B. No. 430), Providing additional restrictions on outdoor
advertising.
(Com. Sub. for S. B. No. 432), Deleting provision requiring
magistrates to set payment plans in certain cases.
(S. B. No. 436), Directing public service commission to
implement 211 information and referral system.
(S. B. No. 443), Establishing economic and infrastructure
projects under development office guidelines.
(Com. Sub. for S. B. No. 453), Establishing domestic violence
fatality review team.
(Com. Sub. for S. B. No. 455), Authorizing retirement credit
for public employment in another state.
(S. B. No. 486), Requiring certified public accountant to
notify insurer's board or audit committee of adverse financial
condition.
(S. B. No. 488), Relating to contingent liability of members
of farmers' mutual fire insurance companies; risk limit.
(S. B. No. 493), Eliminating certain administrative duties of
commissioner of agriculture.
(Com. Sub. for S. B. No. 505), Providing municipal fire chiefs
retain rank in certain cases.
(Com. Sub. for S. B. No. 510), Relating to commission on
holocaust education.
(Com. Sub. for S. B. No. 535), Relating to sale of alcohol,
wine and beer to minors; mandatory carding.
(Com. Sub. for Com. Sub. for S. B. No. 583), Regulating
commercial transportation of coal.
(S. B. No. 589), Relating to common interest communities and condominiums; restrictive covenants.
(S. B. No. 608), Allowing continuance of summary certificate
of need reviews for proposed behavioral health services.
(S. B. No. 627), Renaming Guthrie Center Gus R. Douglass
Agricultural Center at Guthrie.
(S. B. No. 649), Relating to use of waste tire remediation
funds.
(S. B. No. 655), Creating public utilities tax loss
restoration fund.
(H. B. No. 3062), Authorizing stockholders of closely held
corporations to file suit for partition of real estate owned by the
corporation when the real estate is the only substantial asset of
the corporation.
(H. B. No. 3084), Restructuring the support enforcement
commission in the areas of membership, duties and powers.
(H. B. No. 3204), Expiring funds from the insurance
commissioner - insurance commission fund.
(H. B. No. 3205), Expiring funds from the public service
commission.
(H. B. No. 3206), Supplemental appropriation to the department
of tax and revenue - tax division.
(H. B. No. 3207), Supplemental appropriation to the department
of military affairs and public safety - division of juvenile
services.
(H. B. No. 3208), Supplemental appropriation to the department
of military affairs and public safety - division of corrections -
correctional units.
(H. B. No. 3209), Supplemental appropriation to the department
of military affairs and public safety - West Virginia parole board.
(H. B. No. 3210), Supplemental appropriation to the department
of military affairs and public safety - division of protective
services.
(H. B. No. 3211), Expiring funds to the unappropriated surplus
balance in the state fund, general revenue.
(H. B. No. 3212), Expiring funds to the department of military
affairs and public safety - West Virginia state police - surplus
real property process fund.
(H. B. No. 3214), Expiring funds to the secretary of state -
state election fund.
(H. B. No. 3215), Expiring funds to the unappropriated surplus
balance in the state fund, general revenue.
(H. B. No. 3216), Supplementing, amending, reducing and
increasing items of the existing appropriations from the state
fund, general revenue, to the secretary of state.
(H. B. No. 3217), Establishing a fund and making a
supplementary appropriation of federal funds out of the treasury
from the balance of federal moneys remaining unappropriated.
And,
(H. B. No. 3218), Expiring funds to the unappropriated surplus
balance in the state fund, general revenue.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Greg Butcher,
Vice Chair, House Committee.
Senator Rowe, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 20th day of March, 2003, presented to
His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for H. B. No. 2050), Budget Bill, making
appropriations of public money out of the treasury in accordance
with section fifty-one, article six of the Constitution.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Sharon Spencer,
Chair, House Committee.
Senator Rowe, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 24th day of March, 2003, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for H. B. No. 2003), Allowing municipalities to
self-insure together and promulgation of rules by the Commissioner
of Insurance.
(Com. Sub. for H. B. No. 2092), Creating a sentencing
commission and providing for the appointment, terms and
qualifications of members.
(Com. Sub. for H. B. No. 2239), Requiring foreign collection
agencies to obtain a certificate of authority from the secretary of
state.
(Com. Sub. for H. B. No. 2240), Allowing persons purchasing or
renewing hunting or fishing licenses to donate to the "hunters
helping the hungry program".
(H. B. No. 2750), Continuing the office of health facility
licensure and certification.
(H. B. No. 2751), Continuing the department of health and
human resources.
(H. B. No. 2752), Continuing the bureau of senior services.
(H. B. No. 2779), Continuing the personal assistance services
program.
(H. B. No. 2797), Authorizing the DMV to reimburse members of
the motor vehicle dealer advisory board and the motorcycle safety
awareness board for necessary expenses.
(H. B. No. 2802), Providing for a legal description in deeds
creating an easement right-of-way.
(Com. Sub. for H. B. No. 2814), Increasing the misdemeanor
penalties for failure to yield the right-of-way.
(H. B. No. 2829), Continuing the division of culture and
history.
(H. B. No. 2831), Continuing the records management and
preservation board.
(H. B. No. 2847), Making the law-enforcement agency that
places a person under arrest responsible for that person's initial
transportation to a regional or county jail.
(H. B. No. 2864), Continuing the office of explosives and
blasting.
(Com. Sub. for H. B. No. 2865), Upgrading the criminal offense
of damaging or destroying real or personal property owned by a
railroad company or public utility.
(H. B. No. 2879), Continuing the West Virginia commission on
holocaust education.
(H. B. No. 2888), Continuing the board of osteopathy.
(H. B. No. 2916), Continuing the state geological and economic
survey.
(H. B. No. 2984), Increasing the amount of service credit a
teacher off work due to a compensable injury may purchase.
(H. B. No. 3009), Excluding certain records from the freedom
of information act that are collected in the interest of homeland
security by governmental bodies.
(H. B. No. 3019), Finding and declaring certain claims against
the state and its agencies to be moral obligations of the state.
(Com. Sub. for H. B. No. 3051), Altering the certain
reportable threshold dollar amounts on legislative member financial
disclosure statements and lobbyist reports.
(Com. Sub. for H. B. No. 3056), Providing for the regulation
of intrastate driving hours of for-hire carriers.
(H. B. No. 3089), Modifying various requirements of financial
institutions notifying the real estate commission in certain
circumstances.
And,
(Com. Sub. for H. B. No. 3155), Maintaining the security and
confidentiality of business processes.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Greg Butcher,
Vice Chair, House Committee.
Senator Rowe, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 25th day of March, 2003, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for H. B. No. 2051), Expanding the eligibility of
part-time students for higher education adult part-time student
grants.
(Com. Sub. for H. B. No. 2083), Expanding personnel covered by
job sharing in the school system.
(H. B. No. 2285), Requiring hunting and fishing licensees to
carry proof of identity and other applicable documents.
(Com. Sub. for H. B. No. 2477), Permitting residents of
nursing homes and similar facilities to retain the homestead
exemption and Class II property designation.
(Com. Sub. for H. B. No. 2480), Increasing the amount of
penalties the commissioner of banking may obtain and allowing the
commissioner to expend funds to promote consumer awareness of
issues related to residential mortgage lending.
(H. B. No. 2486), Continuing the public employees insurance
agency.
(Com. Sub. for H. B. No. 2511), Authorizing the issuance of a
special motor vehicle license plate for "Nemesis Shrine" members.
(Com. Sub. for H. B. No. 2512), Relating to competitive
bidding and notice requirements for the development of natural
resources in which the public land corporation has an interest.
(H. B. No. 2554), Continuing the marketing and development
division of the department of agriculture.
(H. B. No. 2555), Continuing the West Virginia's membership in
the southern regional education compact.
(Com. Sub. for H. B. No. 2702), Eliminating the examination
assessment fee on risk retention groups.
(Com. Sub. for H. B. No. 2715), Modernizing the regulation of
surplus lines insurers by enactment of the NAIC nonadmitted
insurance model act.
(Com. Sub. for H. B. No. 2753), Prohibiting participation in
animal fighting ventures and making violations a felony.
(H. B. No. 2764), Defining the content of subpoenas that may
be issued by the insurance commissioner.
(Com. Sub. for H. B. No. 2799), Relating to the West Virginia
state police and the reemployment of recently retired troopers.
(H. B. No. 3011), Relating to authority of the state fire
commission to promulgate legislative and emergency rules.
(H. B. No. 3027), Authorizing the tax commissioner to waive
tax, interest and penalties in specified circumstances which are
otherwise imposed on uncompensated members of the governing board
or board of directors of certain tax exempt organizations.
And,
(H. B. No. 3203), Relating to amusement ride safety.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Greg Butcher,
Vice Chair, House Committee.
Senator Rowe, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 26th day of March, 2003, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for H. B. 2414), Relating to thoroughbred breeders
association.
(H. B. No. 2670), Continuing the office of judges until July
1, 2009.
(Com. Sub. for H. B. No. 2675), Mandating insurance coverage
for certain clinical trials for ordinary costs of covered services.
(Com. Sub. for H. B. No. 2705), Relating to the supervision of
adult offenders and authorizing a compact for the supervision of
adult offenders.
(H. B. No. 2748), Preventing mail order or internet sales of tobacco products to persons under eighteen years of age.
(Com. Sub. for H. B. No. 2818), Authorizing the county
commissions of growth counties to include the transfer of
development rights as part of a zoning ordinance.
(H. B. No. 2830), Continuing the division of natural
resources.
(Com. Sub. for H. B. No. 2835), Creating a special revenue
fund for receipt of gifts, donations, etc., to support the
operation of veterans facilities created by statute.
(H. B. 2840), Increasing the number of members on the Greater
Huntington Park and making other changes in the act.
(Com. Sub. for H. B. No. 2881), Striking the provision
requiring that post mining water discharges have to be better to or
equal to pre-mining water discharge.
(H. B. No. 2882), Limiting requirements for stays for appeals
under the surface coal mining and reclamation act for unjust
hardship.
(H. B. No. 2889), Continuing the board of examiners of
psychologists.
(H. B. 2953), Establishing a mechanism to eliminate any
actuarially projected unfunded liability in the Prepaid Tuition
Trust Fund.
(H. B. No. 2961), Limiting idling of school bus engines for
more than five minutes except for certain reasons.
(Com. Sub. for H. B. No. No. 2972), Improving the actuarial
soundness of municipal and fire pensions.
(H. B. No. 2983), Relating to the teachers' retirement system.
(Com. Sub. for H. B. No. 3070), Providing that a mass
convention of a political party, to elect delegates to the state
convention, be held in the county instead of the various
magisterial districts.
(H. B. No. 3093), Requiring county commissions to follow
geographic physical features recognized by the United States Census
Bureau when determining precinct boundaries
(Com. Sub. for H. B. No. 3109), Bringing the provisions of the
teachers defined contribution retirement system in conformity with
those of the teachers retirement system.
And,
(H. B. No. 3195), Changing agency termination dates pursuant
to West Virginia sunset law.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Greg Butcher,
Vice Chair, House Committee.
Senator Rowe, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 27th day of March, 2003, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for S. B. No. 178), Relating to subject matter
jurisdiction in family courts.
(Com. Sub. for S. B. No. 180), Relating generally to school
building authority and middle grade vocational technical courses.
(S. B. No. 192), Relating to notice from certain bank holding
companies.
(Com. Sub. for S. B. No. 204), Relating to involuntary
commitment generally.
(Com. Sub. for S. B. No. 206), Relating to compulsory school
attendance; supervision of certain students.
(Com. Sub. for S. B. No. 287), Authorizing various agencies
within department of tax and revenue to promulgate legislative
rules.
(Com. Sub. for S. B. No. 316), Authorizing various agencies
within bureau of commerce to promulgate legislative rules.
(Rev. Com. Sub. for S. B. No. 329), Authorizing miscellaneous
agencies and boards to promulgate legislative rules.
(Com. Sub. for S. B. No. 338), Establishing medicaid buy-in
program for certain individuals with disabilities.
(S. B. No. 352), Relating to jobs act.
(S. B. No. 357), Relating to standard nonforfeiture law for
individual deferred annuities.
(S. B. No. 375), Allowing transfer of contractor's license to
new business entity in certain cases.
(S. B. No. 384), Repealing section relating to location of
offices of alcohol beverage control administration.
(S. B. No. 388), Modifying requirements for titling and
registration of imported vehicles.
(Com. Sub. for S. B. No. 422), Allowing public service
commission to change certain rates for municipalities or
cooperative utilities.
(Com. Sub. for S. B. No. 437), Requiring submission of
information on certain acquisitions, construction and long-term
agreements to joint committee on government and finance for review.
(Com. Sub. for S. B. No. 440), Establishing Contractors Notice
and Opportunity to Cure Act.
(S. B. No. 485), Authorizing insurance commissioner to enter
into certain agreements and compromises.
(Com. Sub. for S. B. No. 494), Regulating fees between
cemeteries, certain companies and veterans for setting grave
markers.
(Com. Sub. for S. B. No. 496), Creating Motor Fuels Excise Tax
Act.
(Com. Sub. for S. B. No. 522), Relating to public education generally; improving governance; faculty senate meetings; other
provisions.
(S. B. No. 531), Relating to consumers sales and service tax;
exemptions.
(Com. Sub. for S. B. No. 534), Creating Third-Party
Administrator Act.
(Com. Sub. for S. B. No. 558), Establishing County and
Municipal Economic Opportunity Development District Acts.
(Com. Sub. for S. B. No. 611), Defining podiatric medical
assistants; other provisions.
(S. B. No. 626), Revising works act.
(S. B. No. 646), Establishing centers for economic development
and technology advancement at higher education institutions.
(S. B. No. 648), Relating to election laws generally.
(Com. Sub. for S. B. No. 651), Creating academy of science and
technology.
(S. B. No. 652), Renaming Marion health care hospital John
Manchin, Sr., health care center.
(S. B. No. 654), Extending supervision for certain sex
offenders.
And,
(S. B. No. 657), Relating to capital company act.
Respectfully submitted,
Larry L. Rowe,
Chair, Senate Committee.
Sharon Spencer,
Chair, House Committee.
Executive Communications
Under authorization of Senate approval therefor in prior
proceedings today, to include in this day's Journal communications
showing the Governor's action on enrolled bills presented to him in
post-session reports, the following are inserted hereinafter:
The Clerk then presented communications from His Excellency,
the Governor, advising that on March 17, 2003, he had approved Enr.
Senate Bill No. 112, Enr. Committee Substitute for House Bill No.
2406, Enr. House Bill No. 2441, Enr. House Bill No. 2514, Enr.
Committee Substitute for House Bill No. 2556, Enr. Committee
Substitute for House Bill No. 2599, Enr. Committee Substitute for
House Bill No. 2603, Enr. Committee Substitute for House Bill No.
2648, Enr. House Bill No. 2794, Enr. House Bill No. 3037, Enr.
Committee Substitute for House Bill No. 3068 and Enr. House Bill
No. 3095; on March 18, 2003, he had approved Enr. Committee
Substitute for House Bill No. 2001, Enr. Committee Substitute for
House Bill No. 2190, Enr. House Bill No. 2224, Enr. Committee
Substitute for House Bill No. 2357, Enr. Committee Substitute for
House Bill No. 2443, Enr. Committee Substitute for House Bill No.
2500, Enr. Committee Substitute for House Bill No. 2529, Enr. Committee Substitute for House Bill No. 2615, Enr. Committee
Substitute for House Bill No. 2625, Enr. House Bill No. 2669, Enr.
Committee Substitute for House Bill No. 2714, Enr. Committee
Substitute for House Bill No. 2868, Enr. House Bill No. 2870, Enr.
Committee Substitute for House Bill No. 2910, Enr. Committee
Substitute for House Bill No. 2965, Enr. House Bill No. 3077, Enr.
House Bill No. 3104, Enr. House Bill No. 3108, Enr. Committee
Substitute for House Bill No. 3117 and Enr. House Bill No. 3199; on
March 20, 2003, he had approved Enr. Committee Substitute for
Senate Bill No. 354, Enr. Committee Substitute for Senate Bill No.
364, Enr. Committee Substitute for Senate Bill No. 387, Enr. Senate
Bill No. 428, Enr. Committee Substitute for Committee Substitute
for Senate Bill No. 583, Enr. Senate Bill No. 634, Enr. Senate Bill
No. 635, Enr. House Bill No. 2110, Enr. House Bill No. 2534, Enr.
Committee Substitute for House Bill No. 2592, Enr. Committee
Substitute for House Bill No. 2694, Enr. House Bill No. 2700, Enr.
Committee Substitute for House Bill No. 2902, Enr. Committee
Substitute for House Bill No. 2948, Enr. Committee Substitute for
House Bill No. 3016, Enr. House Bill No. 3018 and Enr. House Bill
No. 3045; on March 21, 2003, he had approved Enr. Senate Bill No.
336, Enr. Committee Substitute for Senate Bill No. 383, Enr.
Committee Substitute for Senate Bill No. 424, Enr. Senate Bill No.
636, Enr. Senate Bill No. 637, Enr. Senate Bill No. 638, Enr. Senate Bill No. 639, Enr. Senate Bill No. 640, Enr. Senate Bill No.
641, Enr. Senate Bill No. 642, Enr. Senate Bill No. 643, Enr.
Senate Bill No. 644, Enr. Senate Bill No. 645, Enr. Senate Bill No.
658, Enr. Senate Bill No. 659, Enr. Senate Bill No. 660, Enr.
Senate Bill No. 661, Enr. Senate Bill No. 662, Enr. Committee
Substitute for House Bill No. 2118, Enr. House Bill No. 2878, Enr.
House Bill No. 2975, Enr. Committee Substitute for House Bill No.
3046, Enr. House Bill No. 3050, Enr. House Bill No. 3204, Enr.
House Bill No. 3205, Enr. House Bill No. 3206, Enr. House Bill No.
3207, Enr. House Bill No. 3208, Enr. House Bill No. 3209, Enr.
House Bill No. 3210, Enr. House Bill No. 3211, Enr. House Bill No.
3212, Enr. House Bill No. 3214, Enr. House Bill No. 3215, Enr.
House Bill No. 3216, Enr. House Bill No. 3217 and Enr. House Bill
No. 3218; on March 27, 2003, he had approved Enr. Committee
Substitute for Senate Bill No. 39, Enr. Senate Bill No. 52, Enr.
Committee Substitute for Senate Bill No. 56, Enr. Senate Bill No.
95, Enr. Committee Substitute for Senate Bill No. 162, Enr. Senate
Bill No. 189, Enr. Senate Bill No. 190, Enr. Senate Bill No. 337,
Enr. Senate Bill No. 342, Enr. Senate Bill No. 356, Enr. Senate
Bill No. 358, Enr. Senate Bill No. 381, Enr. Committee Substitute
for Senate Bill No. 405, Enr. Committee Substitute for Senate Bill
No. 412, Enr. Committee Substitute for Senate Bill No. 432, Enr.
Senate Bill No. 436, Enr. Committee Substitute for Senate Bill No. 453, Enr. Senate Bill No. 486, Enr. Senate Bill No. 589, Enr.
Senate Bill No. 608, Enr. Senate Bill No. 655, Enr. Committee
Substitute for House Bill No. 2003, Enr. Committee Substitute for
House Bill No. 2051, Enr. Committee Substitute for House Bill No.
2239, Enr. Committee Substitute for House Bill No. 2240, Enr. House
Bill No. 2285, Enr. Committee Substitute for House Bill No. 2480,
Enr. House Bill No. 2486, Enr. Committee Substitute for House Bill
No. 2512, Enr. House Bill No. 2554, Enr. Committee Substitute for
House Bill No. 2702, Enr. Committee Substitute for House Bill No.
2705, Enr. Committee Substitute for House Bill No. 2715, Enr. House
Bill No. 2750, Enr. Committee Substitute for House Bill No. 2753,
Enr. House Bill No. 2764, Enr. Committee Substitute for House Bill
No. 2818, Enr. House Bill No. 2831, Enr. House Bill No. 2840, Enr.
House Bill No. 2847, Enr. Committee Substitute for House Bill No.
2865, Enr. House Bill No. 2879, Enr. House Bill No. 2916, Enr.
Committee Substitute for House Bill No. 2972, Enr. House Bill No.
2984, Enr. House Bill No. 3009, Enr. House Bill No. 3019, Enr.
House Bill No. 3062, Enr. Committee Substitute for House Bill No.
3070, Enr. House Bill No. 3084, Enr. House Bill No. 3093, Enr.
Committee Substitute for House Bill No. 3109, Enr. House Bill No.
3195 and Enr. House Bill No. 3203; on March 31, 2003, he had
approved Enr. Committee Substitute for Senate Bill No. 287; on
April 1, 2003, he had approved Enr. Senate Bill No. 107, Enr. Committee Substitute for Senate Bill No. 178, Enr. Committee
Substitute for Senate Bill No. 191, Enr. Senate Bill No. 192, Enr.
Committee Substitute for Senate Bill No. 204, Enr. Committee
Substitute for Senate Bill No. 316, Enr. Committee Substitute for
Senate Bill No. 338, Enr. Senate Bill No. 357, Enr. Senate Bill No.
375, Enr. Senate Bill No. 384, Enr. Senate Bill No. 400, Enr.
Committee Substitute for Senate Bill No. 422, Enr. Senate Bill No.
443, Enr. Committee Substitute for Senate Bill No. 455, Enr. Senate
Bill No. 485, Enr. Senate Bill No. 488, Enr. Senate Bill No. 493,
Enr. Committee Substitute for Senate Bill No. 505, Enr. Committee
Substitute for Senate Bill No. 510, Enr. Committee Substitute for
Senate Bill No. 534, Enr. Committee Substitute for Senate Bill No.
611, Enr. Senate Bill No. 626, Enr. Senate Bill No. 646, Enr.
Senate Bill No. 648, Enr. Committee Substitute for Senate Bill No.
651, Enr. Committee Substitute for House Bill No. 2092, Enr.
Committee Substitute for House Bill No. 2477, Enr. House Bill No.
2555, Enr. House Bill No. 2748, Enr. House Bill No. 2752, Enr.
House Bill No. 2779, Enr. House Bill No. 2797, Enr. Committee
Substitute for House Bill No. 2814, Enr. House Bill No. 2829, Enr.
House Bill No. 2830, Enr. Committee Substitute for House Bill No.
2881, Enr. House Bill No. 2882, Enr. House Bill No. 2888, Enr.
House Bill No. 2889, Enr. House Bill No. 2961, Enr. House Bill No.
2983, Enr. House Bill No. 3011, Enr. House Bill No. 3027, Enr. House Bill No. 3089 and Enr. Committee Substitute for House Bill
No. 3155; and on April 2, 2003, he had approved Enr. Senate Bill
No. 105, Enr. Committee Substitute for Senate Bill No. 180, Enr.
Committee Substitute for Senate Bill No. 206, Enr. Committee
Substitute for Senate Bill No. 213, Enr. Senate Bill No. 352, Enr.
Senate Bill No. 388, Enr. Committee Substitute for Senate Bill No.
404, Enr. Senate Bill No. 430, Enr. Committee Substitute for Senate
Bill No. 440, Enr. Committee Substitute for Senate Bill No. 494,
Enr. Committee Substitute for Senate Bill No. 496, Enr. Committee
Substitute for Senate Bill No. 522, Enr. Senate Bill No. 531, Enr.
Committee Substitute for Senate Bill No. 535, Enr. Committee
Substitute for Senate Bill No. 558, Enr. Senate Bill No. 627, Enr.
Senate Bill No. 649, Enr. Senate Bill No. 652, Enr. Senate Bill No.
654, Enr. Senate Bill No. 657, Enr. Committee Substitute for House
Bill No. 2083, Enr. Committee Substitute for House Bill No. 2511,
Enr. Committee Substitute for House Bill No. 2675, Enr. House Bill
No. 2751, Enr. Committee Substitute for House Bill No. 2799, Enr.
House Bill No. 2802, Enr. Committee Substitute for House Bill No.
2835, Enr. House Bill No. 2864, Enr. House Bill No. 2953 and Enr.
Committee Substitute for House Bill No. 3056.
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 21, 2003
The Honorable Joe Manchin III
Secretary of State
State Capitol
Charleston, West Virginia
Dear Mr. Secretary:
Pursuant to the provisions of Section 51, Article VI of the
Constitution of West Virginia, I hereby return Enrolled Committee
Substitute for House Bill No. 2050 approved with objections.
My first objection to the bill is contained in the language
found in Item No. 9, page 17, lines 9 through 14, which states:
"Any unexpended balances remaining in the appropriation for
Office Automation (fund 0116, activity 117) at the close of the
fiscal year 2003 is hereby reappropriated for expenditure during
the fiscal year 2004, with the exception of fund 0116, fiscal year
2003, activity 099 ($126,580) which shall expire on June 30, 2003."
Fund 0116, fiscal year 2003, activity 099, referred to in the
language above, is not reappropriated. Therefore, I am deleting
the phrase "with the exception of fund 0116, fiscal year 2003,
activity 099 ($126,580) which shall expire on June 30, 2003" on
page 17, lines 12 through 14, because funds cannot be expired from
an account which is not initially reappropriated, making this
language unnecessary.
My second objection to the bill is contained in the language found in Item No. 11, pages 18 and 19, lines 21 through 35, which
states:
"Any unexpended balances remaining in the appropriations for
Gypsy Moth Program (fund 0131, activity 119), Black Fly Control
(fund 0131, activity 137), Mingo County Surface Mine Project (fund
0131, activity 296), Charleston Farmers Market (fund 0131, activity
476), Capital Improvements-Total-Surplus (fund 0131, activity 672),
Microbiology Program (fund 0131, activity 785) and Moorefield
Agriculture Center (fund 0131, activity 786) at the close of the
fiscal year 2003 are hereby reappropriated for expenditure during
the fiscal year 2004, with the exception of fund 0131, fiscal year
2003, activity 099 ($79,333), fund 0131, fiscal year 2003, activity
119 ($12,930), fund 0131, fiscal year 2003, activity 137 ($65,000),
fund 0131, fiscal year 2003, activity 296 ($62,000) and fund 0131,
fiscal year 2003, activity 785 ($2,308) which shall expire on June
30, 2003."
Fund 0131, fiscal year 2003, activity 099, referred to in the
language above, is not reappropriated. Therefore, I am deleting
the phrase "fund 0131, fiscal year 2003, activity 099 ($79,333),"
on page 19, lines 30 and 31, because funds cannot be expired from
an account which is not initially reappropriated, making this
language unnecessary.
My third objection to the bill is contained in the language
found in Item No. 12, page 19, which states:
"12-Department of Agriculture-
State Soil Conservation Committee"
Enrolled Senate Bill No. 417, passed March 7, 2002, changed
the name to State Conservation Committee. Therefore, I am deleting
the word "Soil" from this item.
My fourth objection to the bill is contained in the language
found in Item No. 15, page 21, lines 9 through 19, which states:
"Any unexpended balances remaining in the above appropriations
for Personal Services (fund 0150, activity 001), Annual Increment
(fund 0150, activity 004) and Employee Benefits (fund 0150,
activity 010) at the close of the fiscal year 2003 are hereby
reappropriated for expenditure during the fiscal year 2004, with
the exception of fund 0150, fiscal year 2003, activity 001
($83,443), fund 0150, fiscal year 2003, activity 010 ($23,332),
fund 0150, fiscal year 2003, activity 099 ($19,314), fund 0150,
fiscal year 2003, activity 740 ($11,560) and fund 0150, fiscal year
2003, activity 913 ($2,815) which shall expire on June 30, 2003."
Fund 0150, fiscal year 2003, activity 099; fund 0150, fiscal
year 2003, activity 740; and fund 0150, fiscal year 2003, activity
913, referred to in the language above, are not reappropriated.
Therefore, I am deleting the phrase "fund 0150, fiscal year 2003,
activity 099 ($19,314), fund 0150, fiscal year 2003, activity 740
($11,560) and fund 0150, fiscal year 2003, activity 913 ($2,815)"
on page 21, lines 16 through 18, because funds cannot be expired from an account which is not initially reappropriated, making this
language unnecessary.
My fifth objection to the bill is contained in the language
found in Item No. 35, page 31, lines 3 through 6, which states:
"3 Educational Programs at Beckley
4 Center (R) 192 -0-
5 Educational Programs at Beckley
6 and Burlington Centers (R) 975 467,048"
The (R) referred to in the language above is intended to
denote items that are reappropriated. Fund 0314, fiscal year 2003,
activity 192, and fund 0314, fiscal year 2003, activity 975, are
not reappropriated. Therefore, I am deleting the "(R)" in lines 4
and 6 since these activities are not reappropriated, making this
language unnecessary.
My sixth objection to the bill is contained in the language
found in Item No. 62, page 51, lines 25 through 30, which states:
"From the above appropriation to Unclassified, on July 1,
2003, the sum of $50,000 shall be transferred to the department of
agriculture--land division as advance payment for the purchase of
food products; actual payments for such purchases shall not be
required until such credits have been completely expended."
The budget bill for FY 2004 does not contain an appropriation
for Unclassified within this fund. The appropriations for paying
this transfer have been distributed to the various institutions/activities within this fund. Therefore, I am deleting
the phrase "to Unclassified" on page 51, line 25, thereby allowing
the referenced transfer to be made from the appropriate
institutions/activities.
My seventh objection to the bill is contained in the language
found in Item No. 88, pages 68 and 69, lines 4 through 21, which
states:
"Any unexpended balances remaining in the appropriations for
Independently Accredited Community and Technical College
Development (fund 0591, activity 491) and Research Challenge (fund
0591, activity 502) at the close of the fiscal year 2003 are hereby
reappropriated for expenditure during the fiscal year 2004, with
the exception of fund 0591, fiscal year 2003, activity 491,
organization 0441 ($1,632), fund 0351, fiscal year 2003, activity
491, organization 0464 ($7,950), fund 0355, fiscal year 2003,
activity 491, organization 0482 ($7,938), fund 0361, fiscal year
2003, activity 491, organization 0484 ($62,872), fund 0364, fiscal
year 2003, activity 491, organization 0485 ($56,808), fund 0377,
fiscal year 2003, activity 491, organization 0491 ($15,713), fund
0380, fiscal year 2003, activity 491, organization 0487 ($7,140),
fund 0383, fiscal year 2003, activity 491, organization 0489
($4,129), fund 0587, fiscal year 2003, activity 491, organization
0492 ($5,436) and fund 0348, fiscal year 2003, activity 502,
organization 0348 ($6,344) which shall expire on June 30, 2003."
I am deleting the phrase "organization 0348" on page 69, lines
20 and 21, because this is an incorrect organization number and
does not relate to the fund number listed, which is correct.
My eighth objection to the bill is contained in the language
found in Item No. 232, page 133, lines 30 through 33, which states:
"Included in the appropriation for Higher Education--Special
Projects is $1,400,000 for the WVU--Health Sciences Eastern Rural
Health Initiative and $561,808 for the Fairmont State College E-
Learning Clusters and Services."
The total of the two items listed above for WVU--Health
Sciences Eastern Rural Health Initiative and Fairmont State College
E-Learning Clusters and Services is $1,961,808. This amount
exceeds the actual appropriation of $1,906,808 for Higher
Education--Special Projects by $60,000.
Therefore, in order to ensure the amounts for the above-
designated items are in agreement with the appropriation, I have
reduced the amount on page 133, line 32, for Fairmont State College
E-Learning Clusters and Services by $60,000 and entered a new total
of $501,808.
My ninth objection to the bill is contained in the language
found in Item No. 250, page 139, which states:
"250--Department of Agriculture--
State Soil Conservation Committee"
Enrolled Senate Bill No. 417, passed March 7, 2002, changed the name to State Conservation Committee. Therefore, I am deleting
the word "Soil" from this item.
Very truly yours,
Bob Wise,
Governor.
cc: The Honorable Earl Ray Tomblin
The Honorable Robert S. Kiss
Veto Messages
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
April 2, 2003
The Honorable Joe Manchin III
Secretary of State
State Capitol
Charleston, West Virginia
Dear Mr. Secretary:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I must reluctantly disapprove and
return Enrolled Revised Committee Substitute for Senate Bill No.
329.
The purpose of Enrolled Revised Committee Substitute for
Senate Bill No. 329 is to promulgate or continue rules for various
executive and administrative agencies. Such agencies include the Department of Agriculture, the Contractor Licensing Board, the
Board of Dental Examiners, the Governor's Committee on Crime,
Delinquency and Correction, and the Secretary of State, to name a
few. Enrolled Revised Committee Substitute for Senate Bill No.
329, as an omnibus rules bill, fails to meet the single-object rule
as required by the Supreme Court of Appeals of West Virginia
decision in Kincaid v. Mangum. Kincaid serves to prevent
logrolling and other deceiving tactics by requiring that each bill
embrace a single subject, or at least a reasonable relationship
uniting various subjects. Logrolling is defined as the practice of
several minorities combining their several proposals as different
provisions of a single bill, thus consolidating their votes to
obtain a majority for passage.
During the past three regular legislative sessions, I have
approved rules bills, and all substantially comported with the
single-object rule. Unfortunately, in Enrolled Revised Committee
Substitute for Senate Bill No. 329 there is no single reasonable
basis for grouping these miscellaneous boards, agencies and
departments into one omnibus bill, thus missing the spectre of
logrolling. Therefore, I must veto this legislation.
This veto message should not be interpreted to mean that I
consider all omnibus rules bills unconstitutional. It is clear
from Kincaid that an omnibus bill is constitutional if a reasonable
basis for grouping of various matters in a bill exists, and if the use of an omnibus bill will not lead to deception. The subjects
contained within this bill simply did not have the necessary nexus
to be grouped into a single bill. Therefore, that many of the
subjects within this bill failed to fit under any specific agency
or department is not a commonality for which a reasonable grouping
may be justified. In this case, Enrolled Revised Committee
Substitute for Senate Bill No. 329 dealt with 18 subjects. Though
I am vetoing this legislation for violating the single-object rule,
rather than suggesting that the Legislature should pass 18 separate
bills, it would have been advisable to group the subjects in such
a way as to enact perhaps no more than eight separate bills in
compliance with the single-object rule.
For these reasons, I must veto Enrolled Revised Committee
Substitute for Senate Bill No. 329. I urge the Legislature to take
up these rules bills at its earliest opportunity and return them to
my office for approval.
Very truly yours,
Bob Wise,
Governor.
cc: The Honorable Earl Ray Tomblin
The Honorable Robert S. Kiss
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
April 2, 2003
The Honorable Joe Manchin III
Secretary of State
State Capitol
Charleston, West Virginia
Dear Mr. Secretary:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby disapprove and return
Enrolled Committee Substitute for Senate Bill No. 437.
Enrolled Committee Substitute for Senate Bill No. 437 amends
the powers of the State Building Commission and the law of the
state Purchasing Division by providing for certain procedures
encouraging the Department of Administration to use lease-purchase
arrangements for the construction or acquisition of buildings or
office space for state agencies. I believe that alternative
methods for financing the construction or acquisition of state
buildings should be explored given limited state resources and the
urgent need to modernize many of this state's facilities.
Nevertheless, I must object to this bill in its present form
because it requires the Executive Branch to submit to a reporting
process that upsets the balance struck by the constitutional
doctrine of the separation of powers.
More specifically, the provision I object to in the bill
requires the Department of Administration to submit to the Joint Committee on Government and Finance for prior review complete
copies of any purchase or lease-purchase agreement, or other
agreement for the acquisition of buildings or office space for a
state agency where the aggregate cost is equal to or greater than
one million dollars. While I accept and agree that in the normal
course of preparing the budget for each fiscal year, Executive
Branch agencies must explain and justify to the Legislature the
amounts requested in their individual budgets, and the purposes for
which such moneys are to be spent. I further accept and agree that
Executive Branch agencies should be required to submit to audits by
the Legislature of moneys spent in preceding fiscal years. I do
not agree, however, that these agencies should be required to
submit entire contractual agreements for prior review by a joint
committee of the Legislature.
Requiring the Executive Branch to submit virtually every
contractual agreement to purchase a building to a committee of the
Legislature for prior review undercuts the constitutional and
statutory authority of the Executive Branch to execute faithfully
the laws of this state. Once the budget has been approved,
authorizing the construction of a state building, and appropriating
the moneys to do so, then the Executive Branch must be left to
execute the law as it sees fit within the parameters of that
authority. It should not be required to return to a committee of
the Legislature in order to present the details of its contractual agreements for prior review. While the bill does not go so far as
to require prior approval of the Legislature of those contractual
agreements, such a future amendment could be logically implied by
that first requirement. Finally, as a practical matter, the prior
review requirement may have a chilling effect on the consummation
of such agreements because private business parties would neither
expect nor want public debate over the terms of their real estate
agreements with state agencies.
Notwithstanding this action, I must underscore my continued
support for the adoption of alternative financing arrangements for
the construction or acquisition of state buildings and office
space.
Very truly yours,
Bob Wise,
Governor.
cc: The Honorable Earl Ray Tomblin
The Honorable Robert S. Kiss
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
April 2, 2003
The Honorable Joe Manchin III
Secretary of State
State Capitol
Charleston, West Virginia
Dear Mr. Secretary:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby disapprove and return
Enrolled Committee Substitute for House Bill No. 2414.
Enrolled Committee Substitute for House Bill No. 2414 amends
certain provisions of the West Virginia Code relating to horse and
dog racing. For instance, its proposed amendments increase from
ten to thirteen the number of racing performances during a calendar
day by associations qualifying for alternative tax credits, provide
specific requirements to establish bona fide residence in this
state to qualify for distributions from the West Virginia Greyhound
Breeding Development Fund and, under certain circumstances,
increase the number of restricted races available at pari-mutuel
thoroughbred horse tracks. I support each of these proposed
amendments to present law.
Nevertheless, I must object to the proposed amendment deleting
those provisions in West Virginia Code §19-23-13 establishing a
special account consisting of unredeemed pari-mutuel tickets for
the purpose of providing health and disability benefits to eligible
active and disabled West Virginia jockeys and their dependents.
This proposed amendment does not seek to eliminate a long-standing
health and disability benefit fund. Instead, the proposed
amendment seeks to eliminate a fund that was only recently established by Enrolled Senate Bill No. 1006, enacted by the
Legislature in the 2001 First Extraordinary Session.
Very truly yours,
Bob Wise,
Governor.
cc: The Honorable Earl Ray Tomblin
The Honorable Robert S. Kiss
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
April 2, 2003
The Honorable Joe Manchin III
Secretary of State
State Capitol
Charleston, West Virginia
Dear Mr. Secretary:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby disapprove and return
Enrolled House Bill No. 2670.
The purpose of Enrolled House Bill No. 2670 is to continue the
Workers' Compensation Office of Judges. Though continuing the
Office of Judges is an action I support, on March 27, 2003, I
signed legislation that has achieved this end, Enrolled House Bill
No. 3195. For this reason, I must veto Enrolled House Bill No. 2670.
Very truly yours,
Bob Wise,
Governor.
cc: The Honorable Earl Ray Tomblin
The Honorable Robert S. Kiss
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
April 2, 2003
The Honorable Joe Manchin III
Secretary of State
State Capitol
Charleston, West Virginia
Dear Mr. Secretary:
Pursuant to the provisions of Section 14, Article VII of the
Constitution of West Virginia, I hereby disapprove and return
Enrolled Committee Substitute for House Bill No. 3051.
The purpose of the West Virginia Governmental Ethics Act is to
increase the public's confidence in the political process, an
objective I heartily support. Regrettably, despite its good
intentions, I do not believe this bill fully satisfies that
objective.
The purpose of Enrolled Committee Substitute for House Bill No. 3051 is to amend the Financial Disclosure Statement rules, so
as to reduce the $100 gift-reporting threshold for legislative
members and other elected and appointed public officials to a $50
threshold, and increase the reporting threshold amount when
lobbyists must report expenditures on behalf of a legislator from
$25 to $50 per reporting period. During a regular year there are
three reporting periods and each extraordinary session adds another
reporting period. Thus, given the frequency of special sessions,
there may be as many as six or seven reporting periods in any given
year.
Though it would not be unreasonable, due to inflation, to
increase the amount a lobbyist may spend on a legislator from $25
to $50 per reporting period, I must object to this bill because the
wording of the bill would allow a lobbyist to spend large amounts
of money on a legislator without ever requiring that the legislator
be identified. Indeed, this is so because in any given year due to
the number of special sessions, the amount of money anonymously
spent on one legislator may be excessive. This would transform the
report from an open to a closed reporting system, in effect denying
the expenditure information which has heretofore been public
information.
Finally, the provisions of this bill lowering the reporting
threshold for legislators and public servants to report gifts from
$100 annually to $50 annually could ensnare the unwitting public servant in a technical violation of the rules. With the existing
$25 lobbyist reporting threshold, legislators rarely need to worry
about keeping track of the value of meals accepted from lobbyists.
With a $50 per reporting period threshold, entertainment can be
expected to increase and with it the need for careful records to
ensure that legislators identify and report on their Financial
Disclosure Statements those lobbyists from whom they have accepted
more than $50 in meals and beverages. This legislation may
inadvertently imperil legislators who innocently and
unintentionally fail to report those gifts.
For the reasons outlined above, I must veto this legislation.
Very truly yours,
Bob Wise,
Governor.
cc: The Honorable Earl Ray Tomblin
The Honorable Robert S. Kiss
All business of the sixty-day and extended session now being
concluded.
Senator Sharpe, from the select committee to notify His
Excellency, the Governor, that the Senate is ready to adjourn sine
die, returned to the chamber and was recognized by the President.
Senator Sharpe then reported this mission accomplished.
Thereupon,
On motion of Senator Chafin, the Senate adjourned sine die.
__________